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HomeMy WebLinkAbout20092101.tiffRECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO AUGUST 17, 2009 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center, Greeley, Colorado, August 17, 2009, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway Commissioner Barbara Kirkmeyer Commissioner David E. Long Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Elizabeth Strong Director of Administrative Services, Monica Mika MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners meeting of August 12, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Long moved to read Code Ordinance #2009-8 by tape. Commissioner Kirkmeyer seconded the motion, which carried unanimously. CERTIFICATION OF HEARINGS: Commissioner Rademacher moved to approve the Certification of Hearings conducted on August 12, 2009, as follows: 1) USR #1651 - Jay and Sherrie Woods. Commissioner Conway seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Delmar Eikenburg, Weld County resident, stated he farms the land located in the northern part of the Town of Windsor, on County Road 15, and approximately one mile north of State Highway 392. Mr. Eikenburg stated development occurred on the west side of County Road 15 approximately three years ago and there has been an issue with the drainage water since then. He stated he has been trying to communicate the issue to the Town of Windsor for two years, and just recently he received a letter from the Town stating it will not take care of the problem. He stated the water is standing on the west side of County Road 15 and it is seeping into the road and under the pavement; therefore, it will create a problem for the County, and the drainage is ruining his corn crop. He stated there are no culverts or any measures being taken to mitigate the drainage. In response to Chair Garcia, Mr. Eikenburg submitted the letter from the Town of Windsor into the record, marked Exhibit A. Commissioner Long stated Mr. Eikenburg has a great point and the road needs to be examined right away; therefore, he will 2009-2101 BC0016 IA( DI /01 meet with the Department of Public Works this afternoon to determine what alterations need to occur to prevent the road from degrading. Upon Chair Garcia's request, Mr. Eikenburg provided his telephone number for Commissioner Long to be able to follow up with him regarding the matter. Commissioner Long thanked Mr. Eikenburg for bringing the matter to the Board's attention. Mr. Eikenburg expressed his appreciation to Commissioner Long for looking into the matter, and he stated the puddle of standing water on the west side of County Road 15 is much larger this year than it was last year. In response to Commissioner Conway, Mr. Eikenburg stated the area where the drainage is occurring is located within the Windsor City limits. CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports. BIDS: PRESENT BID #B0900149, DELINQUENT TAX LIST ADVERTISEMENT - TREASURER'S OFFICE: Monica Mika, Director of Administrative Services, stated said bid will be presented for approval on August 31, 2009, and the Board may want to conduct a work session regarding the process because she is not very familiar with it and there is a large disparity between last year's cost and this year's proposed cost; therefore, the Board may want to look into the bid further. In response to Chair Garcia, Ms. Mika confirmed the tax list is advertised as a one-time insert. Commissioner Conway indicated the cost appears to be approximately half as much as it was last year. Ms. Mika indicated she wants to understand the cost break down and to ensure the bid is consistent with the service provided last year. PRESENT BID #B0900145, DEWATERING WELL PROJECT FOR THE SOUTHEAST WELD SERVICES BUILDING - DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Mika stated the bid will be presented for approval on August 31, 2009, and she suggested the Board schedule a work session regarding this bid to determine everything the Project will entail, what the benefits of the dewatering well are, and if it will be a resolution to the problem the County is experiencing with the building. Chair Garcia stated two of the vendors have submitted similar bids and he requested that Ms. Mika investigate the projected time frames for each vendor to complete the Project. Ms. Mika stated she will investigate the matter. In response to Commissioner Rademacher, Ms. Mika stated the County considered performing the work itself and it was determined the County is not able to do so. PRESENT BID #60900146, INSTALLATION OF NATURAL GAS GENERATOR - DEPARTMENT OF BUILDINGS AND GROUNDS: Ms. Mika stated the bid will be presented for approval on August 31, 2009, and the apparent low bid is from Meyer and Sons Electric Company, which is located in the City of Greeley. Commissioner Conway inquired as to if the first bid includes a performance bond, since the second vendor provided bids for service with, and without, a performance bond. Ms. Mika indicated she is not sure; however, she will investigate the matter. Toby Taylor, Department of Buildings and Grounds, stated the second vendor specified the cost with, and without, the performance bond; however, all of the vendors were required to submit a bid including the performance bond. In response to Commissioner Conway, Mr. Taylor clarified the apparent low bid includes a performance bond. APPROVE BID #B0900143, 2009 TRASH - DEPARTMENT OF BUILDINGS AND GROUNDS (CON'T FROM 8/12/09): Ms. Mika stated this bid was presented for approval last week; however, additional information was required; therefore, a work session was conducted this morning regarding the matter, at which the relative sections of the Weld County Code were considered, and the cost differential between the first, second, and third lowest bids were considered. She stated staff recommends acceptance of the Minutes, August 17, 2009 2009-2101 Page 2 BC0016 low bid from Gallegos Sanitation, which is based out of the City of Fort Collins. Commissioner Conway stated the Weld County Code clearly states the Board shall give preference to resident County bidders in all cases that the bids are competitive in price, in Item #3 of Section 5-4-30. Ms. Mika concurred with Commissioner Conway. Chair Garcia inquired as to if the staff recommendation of accepting the low bid takes into account the Weld County Code provision Commissioner Conway cited. Ms. Mika stated the recommendation only took into consideration the bid amounts because the Board is delegated to make determinations regarding matters of preference; not staff. Commissioner Kirkmeyer stated the Weld County Code addresses competitive price and quality, and she inquired as to if the second lowest bid is of competitive quality. Mr. Taylor stated he checked all of the bidder's references and finds the vendors will provide a comparable and competitive quality of work. David Alvarado, Gallegos Sanitation, clarified the Company's home office is located in the City of Fort Collins; however, there is a satellite site operating out of the City of Greeley. Mr. Alvarado stated all of the Company's commercial accounts are strictly being handled by the site located within the City of Greeley, and the site currently provides service for several Weld County buildings that the Company has provided service to for three years. He stated the Company hopes having the location in the City of Greeley will make it easier to provide competitive service to its clients in the Cities of Greeley, Evans, and Dacono. He stated Gallegos Sanitation intends to create more local jobs within the next year and hire employees from within the City of Greeley, and the Company has donated over $100,000.00 to the tri-city area. In response to Commissioner Kirkmeyer, Mr. Alvarado stated the Company has owned an office in the City of Greeley for over five months and trucks have been stationed at the location for approximately one month. Further responding to Commissioner Kirkmeyer, Mr. Alvarado stated the Company purchased the location; it is not leasing it. Sid Derring, Gallegos Sanitation, clarified the Company is leasing the site located in the City of Greeley; however, it intends to purchase the facility within a year, and it purchased all of the equipment from Northern Colorado Recycling, which was the company that previously utilized the building. In response to Commissioner Conway, Mr. Derring stated there are a total of five employees, including himself, working at the facility located in the City of Greeley, and the site is in the process of developing a commercial and demolition recycling center at the location. Mr. Derring stated the trash coming from the City of Greeley will be delivered to Waste Management's landfill; it will not be delivered to Larimer County. He stated Gallegos Sanitation has had a presence in the City of Greeley since 1970, and there is an established community relationship, despite not having an office located within the City until February, 2009. Tina Warantzman, Northern Colorado Disposal, stated the Company has been locally owned and operated by Don and Carol Frie since 1991. She stated the Company owns several locations within the City of Greeley, including one on 59th and O Street, which will soon be a recycling facility. Ms. Warantzman stated the Company currently employs 20 individuals and it has projected the addition of the recycling facility will create another 25 local jobs. She stated North Colorado Disposal always provides two drivers, which is different than the County's current service, and having two drivers allows one driver to exit the vehicle to maintain neatness. She stated the Company proposed the County use different containers than the current ones for aesthetic purposes. Chair Garcia stated Section 5-4-30 of the Weld County Code, regarding bid regulations, states resident County bidders shall be given preference, and he inquired as to if there is a definition for resident County bidders in the Code. Bruce Barker, County Attorney, stated there is not a definition for resident County bidders in the Weld County Code, and there is also no definition for competitive price and quality. Mr. Barker indicated he researched the matter in the past, as it was assumed a five percent difference between bids was the limit; however, there is nothing in writing specifying five percent. He stated the Board has used five percent as Minutes, August 17, 2009 2009-2101 Page 3 BC0016 its limit, in practice, and it determined bids more than five percent higher are not competitive in price. He stated quality is much more subjective and will be left up to the Board to interpret. Commissioner Kirkmeyer moved to approve said low bid from Gallegos Sanitation, based on staff's recommendation and the fact the Company resides in the City of Greeley. Commissioner Rademacher seconded the motion. Commissioner Conway stated he will not support the motion because there is clear evidence Northern Colorado Disposal is a locally owned company, which has 20 employees and is going to hire 25 additional employees upon completion of its recycling center. He stated the price difference of the bid submitted by Northern Colorado Disposal is within the accepted variance, and the Weld County Code language, which states preference shall be given to resident County bidders, was placed in the Code to address situations like this one. Commissioner Long stated since the Weld County Code does not define resident County bidders, it is up to the Board to interpret the Code, and he interprets resident County bidder to mean the bidder's main office, from which it conducts its banking and corporate decisions, is located within the County. Upon the request for a roll call vote, the motion passed 3-2, with Commissioners Conway and Long in opposition. NEW BUSINESS: CONSIDER TEMPORARY CLOSURE OF CR 41 BETWEEN CRS 88 AND 90: Janet Carter, Department of Public Works, stated the North Weld County Water District is requesting permission to close County Road 41, between County Roads 88 and 90, for twenty days, commencing August 17, 2009. Ms. Carter stated the average daily traffic count for County Road 41 is 43 vehicles; therefore, due to the low traffic count, it will not require dust mitigation. She stated North Weld County Water District provided notification of the closure to all of the residents along the portion of County Road 41 that will be closed. She stated the closure is necessary to replace a broken waterline. Commissioner Rademacher moved to approve said temporary closure. Seconded by Commissioner Conway, the motion carried unanimously. CONSIDER INSTALLATION OF TRAFFIC CONTROL DEVICES AT INTERSECTION OF CRS 26 AND 7: Ms. Carter stated this is a request for the installation of two stop signs, near the intersection of County Roads 26 and 7. She stated the road is near the new highschool in the Town of Mead, and the Department worked in partnership with the surrounding communities regarding the matter. In response to Commissioner Conway, Ms. Carter confirmed this is a part of numerous improvements the County is completing to make the access to the highschool safer. Commissioner Conway moved to approve said installation of traffic control devices at the intersection of County Roads 26 and 7. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CR 125 AND AUTHORIZE CHAIR TO SIGN - PETRO-CANADA RESOURCES (USA) INC.: Donald Carroll, Department of Public Works, stated the Board considered another nonexclusive license agreement with Petro -Canada Resources (USA) Inc., for the same area a few weeks ago, to allow the Company to access its wells. Mr. Carroll stated the nonexclusive license being considered today is for County Road 125, between County Roads 86 and 96. He indicated staff notified the surrounding property owners; however, most of the property in the area is owned by the State of Colorado and the United States, and staff has not received any response from any of the property owners. Commissioner Long inquired as to whether there are any sections of the roadway which have the United States Forest Service located on both sides and if the Forest Service will be constructing any fences or splitting any lots, since it may affect those who have cattle on the property. Mr. Carroll submitted a map into the record, marked Exhibit A, and he stated there is only fencing in the area towards the bottom of the map and it is usually on only one side of the road or the other; not on both sides of the roadway. Commissioner Long stated he does not think the nonexclusive license agreement will cause any disruption, and the surrounding property owners would have expressed their opposition if they were concerned; therefore, he moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. Minutes, August 17, 2009 2009-2101 Page 4 BC0016 CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - RAINBOW TANK SERVICES, INC.: Brenda Dones, Assessor's Office, stated Rainbow Tank Services, Inc., closed and most of the assets were transferred to another company, which was taxed for 2008; therefore, the property was double assessed for the year 2008. Ms. Dones stated the actual value of the property is $467,790.00, the assessed value is $135,659.00, and the recommended abatement is in the amount of $5,278.39. Commissioner Conway moved to approve said abatement, in the amount of $5,278.39, based on staff's recommendation. Seconded by Commissioner Long, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - B.J. LANNING: Christopher Woodruff, Assessor, stated there was a mistake made, in which this property was assessed taxes for two metro -districts; Centennial Crossing Metro -Districts 1 and 3, and it should have only been taxed for Centennial Crossing Metro -District 3; therefore, it is an illegal tax levy and an abatement is recommended, in the amount of $2,196.45. Commissioner Rademacher moved to approve said abatement, in the amount of $2,196.45, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER PETITION FOR ABATEMENT OR REFUND OF TAXES - EQUILEASE FINANCIAL SERVICES, INC.: Ms. Dones stated Equilease Financial Services reported a truck on its personal property declaration and also licensed the equipment; therefore, an abatement is recommended in the amount of $4,001.68. Commissioner Conway moved to approve said refund, in the amount of $4,001.00, based on staff's recommendation. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. CONSIDER CANCELLATION OF TAXES ON CERTAIN PERSONAL PROPERTY, MOBILE HOME AND/OR POSSESSORY INTEREST ACCOUNTS: Mr. Barker stated this is a list of items it is not possible to collect taxes on, which was provided by the Treasurer's Office, and it includes personal property and mobile homes. He stated typically the personal property or mobile homes have been destroyed or moved out of Weld County, and the Resolution allows the Board to cancel the taxes, to allow the Treasurer's Office to clean up its records. Commissioner Conway inquired as to whether the Treasurer's Office has visually inspected the sites. Mr. Barker stated the Treasurer's Office always verifies the properties are no longer at the locations. Commissioner Conway moved to approve said cancellation of taxes. Seconded by Commissioner Kirkmeyer, the motion carried unanimously. PLANNING: CONSIDER CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1129 - THE HOME RANCH, LLC: Chris Gathman, Department of Planning Services, stated there was a partial release of the collateral on September 15, 2008, and the remaining collateral, in the amount of $69,807.15, was held to cover the remaining on -site road, drainage, and landscaping improvements. He stated there were some improvements to County Road 74; however, the collateral held for those improvements has already been released. Mr. Carroll stated the property is located on County Road 74, and west of State Highway 257. He stated the Department required two sets of improvements; off -site improvements, which consisted of widening the entrance to create a lefthand, eastbound turn lane, and extending the culvert in anticipation of future road widening, and the on -site improvements consisted of paving, drainage, and landscaping improvements within the subdivision. He stated the Resolution states public road maintenance and it needs to be changed to state private road maintenance. Mr. Carroll clarified there were public road improvements on County Road 74; however, the existing collateral was retained for private road maintenance. In response to Chair Garcia, Mr. Carroll indicated the language requiring modification is located in the third paragraph of the Resolution. Mr. Carroll stated future improvements agreements will not specify whether the improvements are public or private; therefore, this will not be a problem in the Minutes, August 17, 2009 2009-2101 Page 5 BC0016 future. Commissioner Rademacher moved to approve said cancellation and release of collateral for Planned Unit Development Final Plan, PF #1129, and to amend the Resolution as stated by Mr. Carroll. Seconded by Commissioner Conway, the motion carried unanimously. FIRST READING OF WELD COUNTY CODE ORDINANCE #2009-8, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTERS 22 COMPREHENSIVE PLAN, 23 ZONING, 24 SUBDIVISIONS, 26 MIXED USE DEVELOPMENT, AND 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE: Brad Mueller, Department of Planning Services, stated approximately twice per year staff reviews the code and updates it, based on observations and feedback provided by the public, staff, the Board, and the Planning Commission. Mr. Mueller stated staff began the review process early this year and a work session was conducted on Feb 23, 2009, and the process includes a press release and providing a public notice. He stated the criteria for approval are listed in Section 23-2-120, of the Weld County Code, and he consolidated all of the Planning Commission's recommendations into one document. He stated he has prepared two presentations, and he inquired as to if the Board would prefer to hear only the topical presentation today, or if it would prefer to hear the second more detailed presentation today as well, which discusses the specific language in the Ordinance. Mr. Mueller stated traditionally the Board has requested that a work session be scheduled between the first and second readings when it is considering ordinances. Chair Garcia asked Mr. Mueller to proceed with the topical overview. Mr. Mueller stated the first topic is the submittal requirements for new Regional Urbanization Areas (RUAs), and approximately one year ago Michelle Martin, Department of Planning Services, brought forth some amendments to address RUAs; however, the language in the Weld County Comprehensive Plan, as adopted in December, 2008, simply stated that in cases where a new RUA is being proposed, various criteria can be submitted, as determined by staff. He stated based on staff's discussions with the Board, it was determined that the criteria should be itemized, and the proposed language accomplishes this. Mr. Mueller stated the second topic is the termination of Use by Special Review (USR) Permits, and there are hundreds of USR permits which have effectively terminated; however, they have remained on the books. He stated one of the things he noted when reviewing this subject is that USRs are a type of application addressed in both State statute and the Weld County Code, and USRs are a three-year vested permit. He further stated in another section of the Code, it indicates that for Site Specific Development Plans, which include USRs, a property right which has been vested, as provided, shall not be extended by any amendments to the Site Specific Development Plan, unless expressly authorized by the Board of County Commissioners. Mr. Mueller stated as defined in the Code, USRs terminate after three years when the use has not continued; however, the permits have not been vacated. He stated the proposed language will reiterate the termination upon three years, and it provides a mechanism for staff to clear the permits from the books. He stated the process requires the landowner's consent, and it is problematic when a land owner does not reply, or a current owner has no knowledge of the USR. Mr. Mueller stated the proposed language specifies that two notices will be provided to the landowner, and if there is still no response, the permit will be vacated. He stated there is a provision to address cases in which a landowner indicates the use has not terminated, they will have an opportunity to present their case. He stated it is important to note this is not a process like the revocations the Board has considered, in which a use has continued; however, the landowner is out of compliance with the permit. Mr. Mueller stated the proposed changes will allow staff to clean up the maps and files that are on record. Mr. Mueller stated the third topic is Site Plan Reviews, which are a type of permit, and it seems appropriate for construction to commence within three years, or to require the land owner to either reapply, or make changes, at the conclusion of the three-year period. He stated many of the changes regarding this topic are simply for organizational purposes. Minutes, August 17, 2009 2009-2101 Page 6 BC0016 Mr. Mueller indicated the fourth topic is Cargo Containers, currently a single cargo container is allowed in the A (Agricultural) Zone District, and it seems appropriate to increase the number of the containers allowed, particularly for larger properties. He stated the proposed changes will only allow one cargo container for properties located within subdivisions in the A (Agricultural) Zone District, two containers if the property is not located within a subdivision, and five containers if the property is larger than 80 acres in size. Mr. Mueller stated the next topic is Temporary Seasonal Permits, which have been in practice for many years, primarily for Christmas tree and fireworks sales, and it became apparent approximately five years ago that a permitting process is needed. He stated the Department has been referring individuals to speak to the local fire departments; however, the process has not been codified. He stated fruit and vegetable stands will also require temporary seasonal permits in certain instances. He explained if an individual is selling produce which was produced on site, it is a Use by Right and will not require a permit; however, when produce is brought onto a property to sell, it will require a USR permit or a temporary seasonal permit, depending on which permit is appropriate. Mr. Mueller stated the next topic is Administrative Zoning Permits, which includes wind turbines, semi -trailers as accessory storage, commercial vehicles, and mobile homes. He stated one set of changes concerns changing the language regarding semi -trailers used for storage; the language presently states storage of semi -trailers, which is confusing; therefore, the language will specify use of semi -trailers as accessory storage. He stated language concerning commercial vehicles was also clarified in the section; however, discussion needs to continue regarding the criteria for commercial vehicles. He stated there are changes for clarification of organization to the related sections of the Code, and there were processes staff was practicing; however, they were not documented, including referrals and explaining the thirty -percent rule concerning neighborhood opposition; therefore, the proposed language will document the processes. Mr. Mueller stated the next topic is Outdoor Storage, which is presently recognized as an accessory use; however, there are cases in which the principle use is storage, such as RV storage lots, or pipe storage areas. Mr. Mueller stated the next topic is Commercial Schools. He stated certain types of schools are not allowed by the Code, including dance, driving, and beauty schools; however, this was not the intent of the Code; therefore, a new classification, Commercial Schools, has been created. He stated commercial schools are proposed for indoor use, by USR, in C (Commercial) Zone Districts 1, 2, and 3, and I (Industrial) Zone District 1, and indoor or outdoor use, by USR, for Districts 1-2 and 1-3. Mr. Mueller stated the next topic is Mobile Homes, and one of the technicalities regarding mobile home permits is that it is implied a Site Plan Review is required; however, since it is an allowed use in Commercial and Industrial Zones, a temporary mobile home permit should suffice. He stated the proposed language is intended to clarify there is no need to apply for two permits for a mobile home, and the language will codify the allowance for administrative extensions of the permits, which has been in practice; however, it was not documented in the Code. Mr. Mueller indicated Mr. Barker brought to his attention that the Weld County Code is not consistent with the Weld County Home Rule Charter regarding the number of Board of Adjustment (BOA) members; therefore, the language has been changed to be consistent. Mr. Mueller stated the next topic is regarding a variety of subdivision processes. He stated Planned Unit Developments (PUDs) are the most common, and there are various requirements concerning recording the plat and construction, and the time frame is one year. He stated staff recommended making one year the time frame specified for the other subdivision processes also, in order to remain consistent. He stated Minutes, August 17, 2009 2009-2101 Page 7 BC0016 the Planning Commission indicated it is appropriate to change the construction requirement from one year to three years for all three types of subdivision processes. Mr. Mueller stated the next topic is updating the terminology in Chapter 26 regarding Mixed Use Development (MUD) areas and Rural Urbanization Areas (RUAs). He stated language has also been added to clarify if non -urban uses are being considered, in a MUD or RUA, it should not create a presumption of incompatibility because they are in a MUD or RUA. Mr. Mueller stated there is proposed language to clarify the setback distances required on State Highway 119, since there have been different interpretations of the existing language. Chair Garcia indicated he wants to conduct a work session. Commissioner Kirkmeyer indicated she has many questions to ask at the work session. There was no public testimony. Commissioner Rademacher moved to approve Ordinance #2009-8, on first reading. Seconded by Commissioner Conway, the motion carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Ordinance #2009-8 was approved on first reading. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. There being no further business, this meeting was adjourned at 10:04 a.m. ATTEST: mid Weld County Clerk to the Board VL Calic) lerk tb the Board BOARD OF COUNTY COMMISSIONERS WELDO TX, COLORADO Radem Sean P. Conway rya Kirkmeyer ) David F. Long Minutes, August 17, 2009 2009-2101 BC0016 Page 8 c' kp r 6 Town of Windsor i/yii -a/.3 '7L 7 301 Maud! .Snr<a • Windsor ('nlnrc! , 'L kib0 a cc ( 7- „ '-ir: )?T -0-7J3) • minwArtrhis,n- July 16, 2009 Delmar Eikenberger P.O. Box 249 Severance, CO 80546 Dear Mr. Eikenberger, We appreciate you taking the time to contact the Town of Windsor and bringing to our attention the drainage tile issue on the adjacent properties along Weld County Road 15. As we have discussed before, it appears as though the subsurface drain pipe system is not working properly thus causing a back-up of water on the surface. The Town of Windsor does not own or maintain the subsurface drain system. Thus we are unable to assist you with your concern. We do, however, wish you the best in finding a solution. Although the Town is currently able to maintain the park site, in the future if or when it is developed, we will face a similar scenario. Sincerely, Dennis Wagner Director of Engineering I LA - Melissa M. Chew, CPRP Director of Parks and Recreation Hello